People ex rel. Abt v. Bowman

97 N.E. 304, 253 Ill. 234
Illinois Supreme Court·Decided December 21, 1911·Published·Cited by 28 cases

Opinion

Mr. Justice Vickers

delivered the opinion of the court:

Paul W. Abt, as county treasurer and collector of taxes for St. Clair county, made application to the county court, at the June term thereof, 1911, for judgment against certain lands and lots described in the delinquent list, for the taxes due and unpaid for the year 1910. Frank B. Bowman filed fifteen objections to the rendition of judgment against the lots and lands described in the delinquent list owned by him. Some of these objections were sustained in part and' the amount for which judgment was asked was reduced and judgment was rendered for the amount for which the court found the lots and lands were liable. Other of the objections were overruled altogether and judgment rendered for the amount shown to be due by the collector’s books.- The judgment was excepted to by the objector, and he has brought the record to this court by an appeal.

Appellant’s first objection questions the validity of the county taxes because, it is alleged, a number of items are not sufficiently specific and are for that reason not properly levied upon appellant’s property. The several items of county taxes to which appellant made objection are as follows: For warrants of the board of election commissioners, $7500; for salary, clerk hire and expenses of the county treasurer, $4500; for county farm, $25,000; for county jail, $15,000; for workhouse, $1200; for court house, $35,000; for salaries of county appointees, $15,000; for other salaries, $4500; for State institutions, $5000; for assessments, $2000; for feés of county officers, $15,-000; for stenographer’s fees, $150; for bridges, $5000; for sundry and general expenses, the exact nature of which cannot be ascertained in advance, $1000.

Appellant objects to the first item, being a levy “for warrants of the board of election commissioners, $7500.” The specific objection made to this item is, “that there is nothing in the statute which authorizes the board of election commissioners to issue warrants against the county funds.” The city of East St. Louis, in said county, has a board of election commissioners, under whose supervision elections in that city are held. Appellant apparently overlooked paragraphs 284, 285 and 286 of the Election law, (Hurd’s Stat. 1908, p. 981,) which malee provision for the payment of the expenses of all elections held in cities which have adopted the act, and which malee special provision for the registration of voters and the conducting of elections in cities where that act has been adopted. Paragraph 284 provides for the payment by the city of all the expenses of holding city elections and special elections in any part of such city at which a city officer is elected. Paragraph 285 provides for the payment by the county of such expenses at all general county and State elections held in such city. It will thus be seen that by these two sections elections held in such city are divided into two classes, and the expense of holding one class is to be paid by the city and the expense of the other class by the county. Paragraph 286 of the act provides that “said board of election commissioners shall audit all the claims of judges and clerks of election and shall draw a warrant therefor upon such city or county treasury, as' the case may be.” This statute expressly authorizes the board of election commissioners to draw warrants on the county treasury for the expenses of holding county and State elections, and it was therefore within the power of the board of supervisors to levy a tax to pay warrants drawn upon the county treasury in payment of the expenses of such elections as are properly chargeable to the county. This tax has nothing to do with the salaries of the board of election commissioners and their clerks. There is a levy of $4600 in another item which is not objected to, that is levied for the salaries of clerk and members of the board of election commissioners. The salaries of the clerk and members of the board of election commissioners are fixed by the statute for the several classes of counties and are specifically made payable out of the county treasury upon the warrant of the county judge, while the expenses of the board of election commissioners other than salary are to be paid by the city upon the warrant of the county judge. The items for which the board of election commissioners are authorized to draw warrants upon the county treasury are not the expenses of the board but the expenses of holding elections for county and State officers. There is also another item of $12,000 levied for election expenses, and this item is not objected to, but it is insisted by appellant that all expenses in connection with elections which the county is liable for should be paid from this general levy. We see no objection to separating the election expenses into two items, since the claims for county and State elections held in the city of East St. Louis are to be audited and paid on the warrant of the board of election commissioners, while the election expenses for the county outside of the city are to be audited and paid by the board of supervisors. It was entirely proper to levy a separate tax to meet these two items of county expenses. The objection to the levy for warrants of the board of election commissioners was properly overruled. '

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People ex rel. Abt v. Bowman, 97 N.E. 304, 253 Ill. 234 (Ill. 1911).

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